Amarkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.558 of 2015 1 AMARKUMAR 2 SURAJ KUMAR ... PETITIONER/SOLE ACCUSED 1 & 2 Vs THE STATE REP BY THE INSPECTOR OF POLICE ELAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DT, CRIME NO.257/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.RMS.SETHURAMAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 22.12.2014 for the offence punishable under Section 379 of the Indian Penal Code in Crime No.257 of 2014 on the file of the respondent police, seek bail.

2. The case of the prosecution is the petitioners herein had taken away 21⁄2 sovereigns of gold jewelleries. These petitioners were arrested on 21.12.2014 and remanded to judicial custody on 22.12.2014 and the property has also been recovered.

3. It is stated by the learned counsel appearing for the petitioners that there is no previous case against the petitioners.

4. Taking into consideration of the above, this Court is inclined to grant bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sattur and on further condition that:

[a] the petitioners shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 13/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, SATTUR 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR 3 THE INSPECTOR OF POLICE ELAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DT, 4 THE OFFICER-IN-CHARGE BORSTAL SCHOO, MELUR 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RMS.SETHURAMAN Advocate SR.No.1577

ORDER

IN CRL OP(MD) No.558 of 2015 Date :13/01/2015 NA/19/01/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/